Dix Lumber Co. v. Gregory

By this action of contract, the plaintiff seeks to recover from the defendant the sum of $223.63 on gin account annexed for certain building materials delivered in September, October, and December, 1940, to Chestnut Street, in Billerica. The answer is a general denial and payment. The facts are hereinafter stated in the trial judge’s memorandum of Findings of Facts.

At the close of the trial, the plaintiff asked the court to make the following rulings of law:

“1. If the premises where the materials supplied by the plaintiff were used in the construction of a dwelling house was owned by the…